Conditional Use Permit 2013-03. Carlos Vieira has applied for a Conditional Use Permit to operate a private, non-profit, youth boxing sports club for up to 30 youth (ages 10 through 18) at 444 Main Street, Livingston on property zoned Downtown Commercial (DTC), APN 024-114-008.

Note from TheGardeningSnail. This page was prepared by bouncing a PDF file through a program that converts Image to Text and there may a few glitches with the photo attachments. To see the PDF file, click on the May 14, 2013 Agenda Packet: Pages 33-40

c. Conditional Use Permit 2013-03. Carlos Vieira has applied for a Conditional Use Permit to operate a private, non-profit, youth boxing sports club for up to 30 youth (ages 10 through 18) at 444 Main Street, Livingston on property zoned Downtown Commercial (DTC), APN 024-114-008.

Agenda Item #: 4c.

Meeting Date:  May 14,2013

Report Date: May 8, 2013

CITY OF LIVINGSTON PLANNING COMMISSION STAFF REPORT

CITY FILE NUMBER:  Public Hearing- Conditional Use Permit 2013-03- Carlos Vieira Foundation /Non Profit Organization gym for private after school program Fifty-One, Fifty

OWNER/APPLICANT:.

Candelaria Larks 2388 Kniebes Road, Gustine, CA 95322

Carlos Vieira Foundation, 257 E. Bellevue Rd., PMB 5150, Atwater, CA 95301

PROJECT LOCATION: Northwest comer of"B" and Main Streets at 444 Main Street,, Livingston, CA 95334

PROPOSED ACTION: Consideration of Conditional Use Permit (CUP) 2013-03 to operate a private, non-profit, youth boxing club at 444 Main Street, Livingston (APN 024-0 14-008).

PREPARED BY: Miguel A Galvez, Contract Associate Planner

Property Size:

Approximately 5,750 Square Feet Lot

Existing Land Use:

Commercial Building approximately 5,750 square feet in size

1999 General Plan Land Use Designation: Downtown Commercial

Zoning: Downtown Commercial (DTC)

Street Access: "B" and Main Streets

Adjacent General Plan Land Use Designation & Zoning District:

North: Downtown Commercial & Downtown Commercial (DTC)

South: Downtown Commercial & Downtown Commercial (DTC)

East: Downtown Commercial & Downtown Commercial (DTC)

West: Downtown Commercial & Downtown Commercial (DTC)

PROJECT DESCRIPTION:

The applicant, Mr. Carlos Vieira of the Carlos Vieira Foundation/Non-Profit Organization proposes to operate a private, non-profit, youth boxing, training gym sports club for up to 30 youth (ages 10 through 18) at 444 Main Street, Livingston on property generally located on the northwest comer of "B" and Main Streets on property zoned Downtown Commercial (DTC).

The application indicates that "the property will be used in conjunction with the Carlos Vieira Foundation and its Race to be Drug Free that aims to keep kids gang and drug free and off the streets after school in a safe environment where they can learn and train in the sport of boxing."

The applicant proposes to open the youth sports club facility on Mondays, Wednesdays, and Fridays between 3:00p.m. and 7:00p.m. The sports club would have a boxing ring, punching bags and changing rooms. No shower facilities are proposed.

The sports club is a private youth club and no admission or public viewing is proposed. The applicant indicates that there will be no tournaments, special events or exhibitions proposed as part of the application. There will be two adults that would supervise and coach the youth as an after school program. Parents may be present when dropping off or picking up youth.

ANALYSIS:

The property is presently developed with a commercial building. The building was operated as a bar in the past. The applicant proposes to refurbish the inside and make minor interior alterations while also bringing the building up to meet building and fire code. The property is located in the downtown area and has no off-street parking or room for it on the property. There is a developed alley right-of way in the rear of the property.

The proposed use is considered as an indoor recreation use. Recreation activities whether indoor and/or outdoor are considered appropriate uses in the Commercial zone (LMC 5-2-3:21). The land use matrix Table 3 for commercial uses identifies that Recreation is a conditional use in the C-1, DTC, C-2, C-3 and M-1 zoning districts.

The use of the site for a private after school youth program is intended to serve school-aged youth who are enrolled in school. Participation in the program will be managed by the two (2) coach/trainers. Participating youth will be expected to walk to and from the property or be dropped off and picked up by their parent(s).

Livingston Municipal Code (LMC) Section 5-4-5.C.32 requires I off-site parking space for every 300 square feet of floor area for a health and fitness center. Parking requirements are triggered to be met when a new building is proposed or if there is a change in use. A 5,750 square foot commercial building used for health/fitness facilities would require 19 off-street parking spaces.

This site has been developed and the entire lot is built upon; consequently, there is no room to accommodate any off-site parking on site without modifying the size of the building itself.

In-lieu payment for off-street parking may be used to satisfy in part, or in whole, the off-street parking requirement required by LMC 5-4-5. In addition, LMC Section 5-4-5.D allows the Planning Commission to determine the minimum parking requirements for uses not specified in the Zoning Code.

In this application, an argument can be made that a private youth sports club with limited operational hours is not a use specifically listed in the Zoning Code. That proposal is not the same as a traditional Health and Fitness facility as those businesses are for-profit operations and are generally open to all ages, most of which, are adults who can drive to and from the health and fitness facility and whose hours are as early as 5:00a.m. and as late as 11:00 p.m.

If the Planning Commission determines that a private, not-for profit, after school youth program that operates on a limited basis during the week is not similar to a for-profit health and fitness club with open membership numbers and has many of its patrons driving to and from the health and fitness facility and open from early morning to the late evening, then the Planning Commission may determine an appropriate off-street parking requirement.

Staff believes that the uses are not similar as they are not equally as intensive and it would be appropriate for the Planning Commission to determine appropriate off-street parking requirements.

Staff would recommend that the after school private youth sports club be required to provide one off-street parking space for each program supervisor. (There are two adults who would coach and train the youth.) In addition, the private after school youth program be required to provide one (l) off-street parking space for every ten (10) youth enrolled in the program. As a maximum of 30 youth may participate in the program, three (3) additional parking spaces would be required, for a total of five (5) off-street parking spaces being required for this proposal. The Planning Commission may approve a different parking requirement as it deems appropriate.

CONDITIONAL USE PERMIT:

Livingston Municipal Code (LMC) Section 5-3-15- Table 3 Land Use- Commercial Zoning Matrix allows the recreation subject to the approval of Use Permit from the Planning Commission. LMC 5-6-9: E. Criteria: In considering an application for conditional use permits, the criteria shall be as follows:

3. Findings required for approval shall include:

a. The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the applicable zoning district. The proposed indoor recreation use would be located in an existing building which consists of approximately 5, 750 square feet. The building has been in existence in its present form for many years and no exterior changes are proposed. The proposed after school youth program supervised by two adults serving up to thirty youth ages 10-18 is recommended to provide five off-street parking spaces. As this is a commercial use in the downtown area where there are properties that have limited off-street parking, the in-lieu payments for off­ street parking are recommended to satisfy this use’s parking requirements.

b. The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use. The site is fronted by "B" and Main Streets along its southern and eastern property

3

lines respectively. Vehicular access would be.from either "B" Street, Main Street, or the adjacent alley in the rear of the property. These streets are adequate to serve any traffic generated by the proposed use at this property.

c. Public facilities are currently adequate to serve the proposed use or improvements are included in an approved Capital Improvement Plan or otherwise will be complete prior to the issuance of building permits. Adequate public facilities are in place to adequately serve this existing commercial building.

d. The proposed development is consistent with the General Plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant. The proposal is consistent with the 1999 General Plan Policy 3.3.A.l.c Downtown Commercial. This designation provides the City with a mixed-use activity in the downtown area. It is intended to provide for a wide range of uses and to promote feasibility and vitality of the downtown.

ENVIRONMENTAL STATUS:

The Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301 Existing Facilities- Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities involving negligible or no expansion of an existing use.

RECOMMENDATION:

Staff recommends that the Planning Commission adopt Resolution 2013-_ approving Conditional Use Permit 2013-03 to operate a private, non-profit, youth boxing, training gym sports club for up to 30 youth (ages 10 through 18) at 444 Main Street, Livingston, commonly known as APN 024-014-008 subject to the findings listed above and the conditions of approval as listed on the attached Planning Commission Resolution.

ATTACHMENTS:

I. Project Location and Zoning Map

2. Resolution 2013-_, A Resolution approving Conditional Use Permit 2013-03

Attachment 1

PROJECT LOCATION & ZONING MAP CUP 2013-03

 

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May 14,2013

RESOLUTION 2013-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON APPROVING CONDITIONAL USE PERMIT 2013-03 TO OPERATE A PRIVATE, NON­ PROFIT, YOUTH BOXING, TRAINING GYM SPORTS CLUB FOR UP TO 30 YOUTH (AGES 10 THROUGH 18) AT 444 MAIN STREET IN THE DOWNTOWN COMMERCIAL ZONE DISTRICT (DTC) ON PROPERTY COMMONLY KNOWN AS APN 024-014-008- CARLOS VIEIRA FOUNDATION

WHEREAS, Carlos Vieira of the Carlos Vieira Foundation submitted a Conditional Use Permit application ("CUP") to operate a private, non-profit, youth boxing, training gym sports club for up to 30 youth (ages 10 through 18) on property located at 444 Main Street, also commonly known as APN 024-014-008, (the "Project") located within the Livingston City Limits; and

WHEREAS, the Project has been reviewed with reference to the 1999 General Plan and the Zoning Code (LMC 5-3-15 Table 5) and the Project is consistent with the 1999 General Plan Policy 3.3.A.l.c Downtown Commercial. This designation provides the City with a mixed-use activity in the downtown area. It is intended to provide for a wide range of uses and to promote feasibility and vitality of the downtown; and

WHEREAS, the Project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301 Existing Facilities­ Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities involving negligible or no expansion of an existing use.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission adopts Resolution 2013-_, approving Conditional Use Permit 2013-03 for the Project, based on the following findings of fact:

a The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the applicable zoning district. The proposed indoor recreation use would be located in an existing building which consists of approximately 5, 750 square feet. The building has been in existence in its present form for many years and no exterior changes are proposed The proposed after school youth program supervised by two adults serving up to thirty youth ages 10-18 is recommended to provide jive off-street parking spaces. As this is a commercial use in the downtown area where there are properties that have limited off-street parking, the in-lieu payments for off-street parking are recommended to satisfy this use’s parking requirements.

b. The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use. The site is fronted by "B" and Main Streets along its southern and eastern property lines respectively. Vehicular access would be from either "B" Street, Main Street, or the adjacent alley in the rear of the property. These streets are adequate to serve any traffic generated by the proposed use at this property.

c. Public facilities are currently adequate to serve the proposed use or improvements are included in an approved Capital Improvement Plan or otherwise will be complete prior to the issuance of building permits. Adequate public facilities are in place to adequately serve this existing commercial building.

d. The proposed development is consistent with the General Plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant. The proposal is consistent with the 1999 General Plan Policy 3.3.A.l.c Downtown Commercial. This designation provides the City with a mixed-use activity in the downtown area. It is intended to provide for a wide range of uses and to promote feasibility and vitality of the downtown.

BE IT FURTHER RESOLVED that the Livingston Planning Commission adopts Resolution 2013-_, approving Conditional Use Permit 2013-03 based on the following conditions:

1. If the approved use does not commence within one year of the date of approval, the Conditional Use Permit shall become invalid.

2. All interior improvements, alterations and renovations shall be completed in conformance with the Uniform Building Code and Fire Code. All signage shall be in conformance with Livingston Municipal Code Section 4-2.

3. The operation of the private, non-profit, youth boxing, training gym sports club is approved for up to thirty youth who are enrolled in school (ages 10 through 18) and supervised by two adults.

4. Prior to approval of Certificate of Occupancy by the City of Livingston, the proposed use must satisfy any required off-street parking requirement determined by the Planning Commission.

5. If a lack of on-site parking becomes apparent through complaints by neighboring businesses, then the maximum capacity of the private after school youth program will be re-examined and reduced, if necessary, unless other off-street parking arrangements are made and approved by the City of Livingston.

6. The applicant shall maintain the property clear of trash, debris and weeds.

2

The foregoing resolution was introduced and moved for adoption on May 14, 2013, by _ and being duly seconded by was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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Chair, Secretary of the Planning Commission,

MIGUEL A. GALVEZ

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